List of basic tort law topics
Encyclopedia
The following outline is provided as an overview of and introduction to tort law:
Tort law – defines what a legal injury is and, therefore, whether a person may be held liable for an injury they have caused. Legal injuries are not limited to physical injuries. They may also include emotional, economic, or reputational injuries as well as violations of privacy, property, or constitutional rights.
: Acting intentionally and voluntarily causing the reasonable apprehension of an immediate harmful or offensive contact.
Battery (tort)
: Bringing about an unconsentful harmful or offensive contact with a person or to something closely associated with them (such as an item of clothing). It differs from assault in that it requires actual contact.
False imprisonment
: A person is intentionally confined without legal authority.
Intentional infliction of emotional distress
: Intentional conduct that results in extreme emotional distress.
Consent
: A possible excuse against civil or criminal liability under the defense that they should not be held liable as the actions were not taken without their permission.
Necessity (tort)
: The defense of necessity gives the state or individual property of another; typically invoked only against the intentional torts of Trespass to chattels
, trespass to land
, or conversion (law)
. It is expressed in Latin as necessitas inducit privilegium quod jura privata, "Necessity induces a privilege because of a private right."
Self-defense
: Civilians acting on their own behalf to engage in violence for the sake of self-defense of one's own life or the lives of others, including the use of deadly force
. Differs from necessity in that it is usually the response to an immediate danger.
: Committed when an individual intentionally enters the land of another without lawful excuse. It is actionable per se, and thus the party whose land was entered may sue even if no actual harm is done.
Conversion (law)
: An intentional tort to personal property where the defendants willful interference with the chattel deprives plaintiff of the possession of the same.
Detinue
: An action for the wrongful detention of goods, initiated by an individual who claims to have a greater right to their immediate possession than the current possessor or holder.
Replevin
: Signifies the recovery by a person of goods unlawfully taken out of his or her possession by a legal process.
Trover
: A form of lawsuit for recovery of damages for wrongful taking of personal property.
Invasion of privacy
: The unlawful intrusion into the personal life of another person without just cause.
Breach of confidence
: Protects private information conveyed in confidence; typically requires that the information be of a confidential nature, communicated in confidence, and was disclosed to the detriment of the claimant.
Abuse of process
: A malicious and deliberate misues or pervision of regularly issued court process not justified by the underlying legal action.
Malicious prosecution
: Similar to abuse of process
, but includes intent, pursuing without probable cause, and dismissal in favor of the victim. In some jurisdictions, malicious prosecution is reserved for the wrongful initiation of criminal proceedings, while malicious use of process refers to the wrongful initiation of civil proceedings.
Alienation of affections
: Brought by a deserted spouse against a third party whom the spouse believes to be responsible for the failure of the marriage.
: A deception made for personal gain.
Tortious interference
: One person intentionally damages the plaintiff's contractual or other business relationships.
Conspiracy (civil)
: An agreement between two or more parties to deprive a third party of legal rights or deceive a third party to obtain an illegal objective.
Restraint of trade
: Contractual obligations not to trade are illegal agreements on public policy grounds unless they are reasonable in the interests concerning both parties and the public at large; this mainly affects post-termination restrictive covenants in employment contracts.
: Obligation imposed on an individual requiring that they adhere to a reasonable standard of care
while performing acts that could possibly harm others.
Breach of duty: There can be no liability in negligence unless the claimant established that he or she was owed a duty of care
by the defendant and that there has been a breach of that duty.
Factual causation
: Whether or not a given injury would have occurred without a breach of duty.
Legal causation or remoteness: The idea that liability may be so remote from the defendant that the negligence was not foreseeable or preventable by that party.
Damages
: Places a monetary value on the harm done, following the principle of restitutio in integrum
, "restoration to the original condition".
: A landowner may be liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land is likely to attract children.
The duty to visitors in tort law is dependent on how the party involved not owning the land has entered the land.
Trespasser
: A person who is trespassing on a property without the permission on the owner. Conversely, the status of a visitor as a trespasser grants certain rights to the visitor if they are injured due to the negligence of the property owner.
Licensee
: A person who is on the property of another, despite the fact that the property is not open to the general public; historically, emergency workers have been considered licensees.
Invitee
: A person who is invited to the land by the possessor of the land, either as a guest or to conduct business.
: The area of law in which products manufacturers, distributors and sellers are held responsible for the injuries caused by their products. Generally, a products liability claim is based on either a design defect, a manufacturing defect, or a failure to warn. This topic is closely associated with negligence
, breach of warranty and consumer protection
.
Ultrahazardous activity
: An activity so dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, regardless of whether or not reasonable precautions were taken to prevent others from being injured.
: A partial defense that reduces the amount of damages a plaintaff can claim based upon the degree to which the plaintiff's own negligence contributed to the damages.
Contributory negligence
: A defense based on negligence of the plaintiff wherein the plaintiff's actions caused the event which drew the suit. An example of this is a pedestrian crossing a road carelessly and was hit by a driver driving carelessly.
Last clear chance
: Doctrine under which a plaintiff can recover against comparative and contributory negligence defenses if they can demonstrate that the defendant had the last opportunity to avoid the accident.
Eggshell skull
: Doctrine under which an individual is held liable for all consequences resulting from his actions even if the victim suffers an unusually high levels of damage (i.e., a pre-existing vulnerability or medical condition). The term comes an example argument that if a person had a skull as delicate as the shell of an egg, and an assailant was unaware of that condition hit that person on the head and it subsequently broke, the responsible party should be liable for all damages resulting from the content.
Vicarious liability
: A form of strict secondary liability arising from respondeat superior
. The responsibility of the superior for the acts of their subordinates, under which, they are responsible for negligent acts committed by their employees during the course of their employment.
Volenti non fit injuria
: Latin for "To a willing person, no injury is done", this common law doctrine means that if someone willingly puts themselves in a position where harm might result, they can not sue if harm occurs. That is, a boxer consents to being hit, and the injuries related to boxing are thus not actionable (although if his opponent were to hit him with an iron bar, that would be actionable as he did not know such things would occur).
Ex turpi causa non oritur actio
: "From a dishonorable cause an action does not arise". In The United States, this legal doctrine is more commonly known as equitability of unclean hands
, and it prevents a criminal from bringing a claim against another criminal.
Tort law – defines what a legal injury is and, therefore, whether a person may be held liable for an injury they have caused. Legal injuries are not limited to physical injuries. They may also include emotional, economic, or reputational injuries as well as violations of privacy, property, or constitutional rights.
Intentional torts
Assault (tort)Assault (tort)
In common law, assault is the tort of acting intentionally, that is with either general or specific intent, causing the reasonable apprehension of an immediate harmful or offensive contact. Because assault requires intent, it is considered an intentional tort, as opposed to a tort of negligence...
: Acting intentionally and voluntarily causing the reasonable apprehension of an immediate harmful or offensive contact.
Battery (tort)
Battery (tort)
At common law, battery is the tort of intentionally and voluntarily bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them . Unlike assault, battery involves an actual contact...
: Bringing about an unconsentful harmful or offensive contact with a person or to something closely associated with them (such as an item of clothing). It differs from assault in that it requires actual contact.
False imprisonment
False imprisonment
False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention...
: A person is intentionally confined without legal authority.
Intentional infliction of emotional distress
Intentional infliction of emotional distress
Intentional infliction of emotional distress is a tort claim of recent origin for intentional conduct that results in extreme emotional distress. Some courts and commentators have substituted mental for emotional, but the tort is the same...
: Intentional conduct that results in extreme emotional distress.
Consent
Consent
Consent refers to the provision of approval or agreement, particularly and especially after thoughtful consideration.- Types of consent :*Implied consent is a controversial form of consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and...
: A possible excuse against civil or criminal liability under the defense that they should not be held liable as the actions were not taken without their permission.
Necessity (tort)
Necessity (tort)
In tort common law, the defense of necessity gives the State or an individual a privilege to take or use the property of another. A defendant typically invokes the defense of necessity only against the intentional torts of trespass to chattels, trespass to land, or conversion...
: The defense of necessity gives the state or individual property of another; typically invoked only against the intentional torts of Trespass to chattels
Trespass to chattels
Trespass to chattels is a tort whereby the infringing party has intentionally interfered with another person's lawful possession of a chattel...
, trespass to land
Trespass to land
Trespass to land is a common law tort that is committed when an individual or the object of an individual intentionally enters the land of another without a lawful excuse. Trespass to land is actionable per se. Thus, the party whose land is entered upon may sue even if no actual harm is done...
, or conversion (law)
Conversion (law)
Conversion is a common law tort. A conversion is a voluntary act by one person inconsistent with the ownership rights of another. It is a tort of strict liability...
. It is expressed in Latin as necessitas inducit privilegium quod jura privata, "Necessity induces a privilege because of a private right."
Self-defense
Self-defense
Self-defense, self-defence or private defense is a countermeasure that involves defending oneself, one's property or the well-being of another from physical harm. The use of the right of self-defense as a legal justification for the use of force in times of danger is available in many...
: Civilians acting on their own behalf to engage in violence for the sake of self-defense of one's own life or the lives of others, including the use of deadly force
Deadly force
Deadly force, as defined by the United States Armed Forces, is the force which a person uses, causing—or that a person knows, or should know, would create a substantial risk of causing—death or serious bodily harm...
. Differs from necessity in that it is usually the response to an immediate danger.
Property torts
Trespass to landTrespass to land
Trespass to land is a common law tort that is committed when an individual or the object of an individual intentionally enters the land of another without a lawful excuse. Trespass to land is actionable per se. Thus, the party whose land is entered upon may sue even if no actual harm is done...
: Committed when an individual intentionally enters the land of another without lawful excuse. It is actionable per se, and thus the party whose land was entered may sue even if no actual harm is done.
Conversion (law)
Conversion (law)
Conversion is a common law tort. A conversion is a voluntary act by one person inconsistent with the ownership rights of another. It is a tort of strict liability...
: An intentional tort to personal property where the defendants willful interference with the chattel deprives plaintiff of the possession of the same.
Detinue
Detinue
In tort law, detinue is an action to recover for the wrongful taking of personal property. It is initiated by an individual who claims to have a greater right to their immediate possession than the current possessor...
: An action for the wrongful detention of goods, initiated by an individual who claims to have a greater right to their immediate possession than the current possessor or holder.
Replevin
Replevin
In creditors' rights law, replevin, sometimes known as "claim and delivery," is a legal remedy for a person to recover goods unlawfully withheld from his or her possession, by means of a special form of legal process in which a court may require a defendant to return specific goods to the...
: Signifies the recovery by a person of goods unlawfully taken out of his or her possession by a legal process.
Trover
Trover
Trover is a form of lawsuit in common-law countries for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recovery only for the value of whatever was taken, not for the recovery of the...
: A form of lawsuit for recovery of damages for wrongful taking of personal property.
Dignitary torts
Defamation: The communication of a statement that makes a false claim, expressively stated or implied to be factual, that may harm the reputation of an entity.Invasion of privacy
Invasion of privacy
United States privacy law embodies several different legal concepts. One is the invasion of privacy, a tort based in common law allowing an aggrieved party to bring a lawsuit against an individual who unlawfully intrudes into his or her private affairs, discloses his or her private information,...
: The unlawful intrusion into the personal life of another person without just cause.
Breach of confidence
Breach of confidence
The tort of breach of confidence, is a common law tort that protects private information that is conveyed in confidence. A claim for breach of confidence typically requires the information to be of a confidential nature, which was communicated in confidence, and was disclosed to the detriment of...
: Protects private information conveyed in confidence; typically requires that the information be of a confidential nature, communicated in confidence, and was disclosed to the detriment of the claimant.
Abuse of process
Abuse of process
Abuse of process is a cause of action in tort arising from one party making a malicious and deliberate misuse or perversion of regularly issued court process not justified by the underlying legal action.It is a common law intentional tort...
: A malicious and deliberate misues or pervision of regularly issued court process not justified by the underlying legal action.
Malicious prosecution
Malicious prosecution
Malicious prosecution is a common law intentional tort, while like the tort of abuse of process, its elements include intentionally instituting and pursuing a legal action that is brought without probable cause and dismissed in favor of the victim of the malicious prosecution...
: Similar to abuse of process
Abuse of process
Abuse of process is a cause of action in tort arising from one party making a malicious and deliberate misuse or perversion of regularly issued court process not justified by the underlying legal action.It is a common law intentional tort...
, but includes intent, pursuing without probable cause, and dismissal in favor of the victim. In some jurisdictions, malicious prosecution is reserved for the wrongful initiation of criminal proceedings, while malicious use of process refers to the wrongful initiation of civil proceedings.
Alienation of affections
Alienation of affections
At common law, alienation of affections is a tort action brought by a deserted spouse against a third party alleged to be responsible for the failure of the marriage...
: Brought by a deserted spouse against a third party whom the spouse believes to be responsible for the failure of the marriage.
Economic torts
FraudFraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
: A deception made for personal gain.
Tortious interference
Tortious interference
Tortious interference, also known as intentional interference with contractual relations, in the common law of tort, occurs when a person intentionally damages the plaintiff's contractual or other business relationships...
: One person intentionally damages the plaintiff's contractual or other business relationships.
Conspiracy (civil)
Conspiracy (civil)
A civil conspiracy or collusion is an agreement between two or more parties to deprive a third party of legal rights or deceive a third party to obtain an illegal objective....
: An agreement between two or more parties to deprive a third party of legal rights or deceive a third party to obtain an illegal objective.
Restraint of trade
Restraint of trade
Restraint of trade is a common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business. In an old leading case of Mitchell v Reynolds Lord Smith LC said,...
: Contractual obligations not to trade are illegal agreements on public policy grounds unless they are reasonable in the interests concerning both parties and the public at large; this mainly affects post-termination restrictive covenants in employment contracts.
Negligence
Duty of careDuty of care
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant...
: Obligation imposed on an individual requiring that they adhere to a reasonable standard of care
Standard of care
In tort law, the standard of care is the degree of prudence and caution required of an individual who is under a duty of care.The requirements of the standard are closely dependent on circumstances. Whether the standard of care has been breached is determined by the trier of fact, and is usually...
while performing acts that could possibly harm others.
Breach of duty: There can be no liability in negligence unless the claimant established that he or she was owed a duty of care
Duty of care
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant...
by the defendant and that there has been a breach of that duty.
Factual causation
Causation (law)
Causation is the "causal relationship between conduct and result". That is to say that causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the actus reus from which the specific injury or other effect arose and is...
: Whether or not a given injury would have occurred without a breach of duty.
Legal causation or remoteness: The idea that liability may be so remote from the defendant that the negligence was not foreseeable or preventable by that party.
Damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
: Places a monetary value on the harm done, following the principle of restitutio in integrum
Restitutio in integrum
Restitutio in integrum is a Latin maxim which means restoration to original condition. It is one of the primary guiding principles behind the awarding of damages in common law negligence claims...
, "restoration to the original condition".
Duty to visitors
Attractive nuisanceAttractive Nuisance
Attractive Nuisance, released in 2000, is The Loud Family's fifth full length album. It featured the same line-up as on 1998's Days for Days...
: A landowner may be liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land is likely to attract children.
The duty to visitors in tort law is dependent on how the party involved not owning the land has entered the land.
Trespasser
Trespasser
In the law of tort, property, and criminal law a trespasser is a person who commits the act of trespassing on a property, that is, without the permission of the owner. Being present on land as a trespasser thereto creates liability in the trespasser, so long as the trespass is intentional...
: A person who is trespassing on a property without the permission on the owner. Conversely, the status of a visitor as a trespasser grants certain rights to the visitor if they are injured due to the negligence of the property owner.
Licensee
Licensee
A licensee is someone who has been granted a licence.- Tort law :The term is used in the USA law of torts to describe a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter...
: A person who is on the property of another, despite the fact that the property is not open to the general public; historically, emergency workers have been considered licensees.
Invitee
Invitee
In the law of torts, an invitee is a person who is invited to land by the possessor of the land as a member of the public or one who is invited to the land for the purpose of business dealings with the possessor of the land...
: A person who is invited to the land by the possessor of the land, either as a guest or to conduct business.
Strict liability torts
Product liabilityProduct liability
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause...
: The area of law in which products manufacturers, distributors and sellers are held responsible for the injuries caused by their products. Generally, a products liability claim is based on either a design defect, a manufacturing defect, or a failure to warn. This topic is closely associated with negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
, breach of warranty and consumer protection
Consumer protection
Consumer protection laws designed to ensure fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional...
.
Ultrahazardous activity
Ultrahazardous activity
An ultrahazardous activity in the common law of torts is one that is so inherently dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, even if the person engaged in the activity took every reasonable precaution to prevent others...
: An activity so dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, regardless of whether or not reasonable precautions were taken to prevent others from being injured.
Liability, defences, remedies
Comparative negligenceComparative negligence
Comparative negligence, or non-absolute contributory negligence outside of the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff's own negligence contributed to cause...
: A partial defense that reduces the amount of damages a plaintaff can claim based upon the degree to which the plaintiff's own negligence contributed to the damages.
Contributory negligence
Contributory negligence
Contributory negligence in common-law jurisdictions is defense to a claim based on negligence, an action in tort. It applies to cases where a plaintiff/claimant has, through his own negligence, contributed to the harm he suffered...
: A defense based on negligence of the plaintiff wherein the plaintiff's actions caused the event which drew the suit. An example of this is a pedestrian crossing a road carelessly and was hit by a driver driving carelessly.
Last clear chance
Last clear chance
The last clear chance is a doctrine in the law of torts that is employed in contributory negligence jurisdictions. Under this doctrine, a negligent plaintiff can nonetheless recover if he is able to show that the defendant had the last opportunity to avoid the accident...
: Doctrine under which a plaintiff can recover against comparative and contributory negligence defenses if they can demonstrate that the defendant had the last opportunity to avoid the accident.
Eggshell skull
Eggshell skull
The eggshell skull rule is a well established legal doctrine used in some tort law systems, with a similar doctrine applicable to criminal law.-The law:...
: Doctrine under which an individual is held liable for all consequences resulting from his actions even if the victim suffers an unusually high levels of damage (i.e., a pre-existing vulnerability or medical condition). The term comes an example argument that if a person had a skull as delicate as the shell of an egg, and an assailant was unaware of that condition hit that person on the head and it subsequently broke, the responsible party should be liable for all damages resulting from the content.
Vicarious liability
Vicarious liability
Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "right, ability...
: A form of strict secondary liability arising from respondeat superior
Respondeat superior
Respondeat superior is a legal doctrine which states that, in many circumstances, an employer is responsible for the actions of employees performed within the course of their employment...
. The responsibility of the superior for the acts of their subordinates, under which, they are responsible for negligent acts committed by their employees during the course of their employment.
Volenti non fit injuria
Volenti non fit injuria
Volenti non fit injuria is a common law doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they will not be able to bring a claim against the other party in tort or delict...
: Latin for "To a willing person, no injury is done", this common law doctrine means that if someone willingly puts themselves in a position where harm might result, they can not sue if harm occurs. That is, a boxer consents to being hit, and the injuries related to boxing are thus not actionable (although if his opponent were to hit him with an iron bar, that would be actionable as he did not know such things would occur).
Ex turpi causa non oritur actio
Ex turpi causa non oritur actio
Ex turpi causa non oritur actio is a legal doctrine which states that a claimant will be unable to pursue a cause of action if it arises in connection with his own illegal act...
: "From a dishonorable cause an action does not arise". In The United States, this legal doctrine is more commonly known as equitability of unclean hands
Unclean hands
Unclean hands, sometimes called the clean hands doctrine or the dirty hands doctrine, is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy on account of the fact that the plaintiff is acting unethically or has acted in bad faith with...
, and it prevents a criminal from bringing a claim against another criminal.